One of the major legal standards in any criminal procedure is probable cause. It helps to establish when the police can arrest an offender or conduct searches without violating the law. It also helps magistrates or judges when issuing certain warrants. Sometimes, probable cause demands more than just unsupported suspicion. It constitutes facts or circumstances that can make a reasonable person believe that an offense has been committed. Probable cause is covered under the Fourth Amendment of the U.S. Constitution, which protects citizens against illegal searches and seizures.
People are protected under Article I, Section 9, against unlawful searches and seizures. According to Article 1.06, warrants to search places or seize property or persons need probable cause supported by an affirmation. Probable cause is also different from proof beyond a reasonable doubt. It is a substantially lesser standard. Law enforcement does not require sufficient evidence to prove a criminal case before arresting an offender. What is required is whether the circumstances provided a reasonable ground for the arrest.
Probable Cause Explained
Probable cause and search warrants are important during criminal investigations to protect people’s rights and facilitate lawful procedures. Understanding the importance of these components is vital for criminal defendants. Probable cause is the basis that law enforcement must have before arresting, seeking a warrant, or conducting a search on a person or property. This is the threshold that the police must meet to show reasonable grounds to believe that an individual committed an offense. Law enforcement cannot merely have a suspicion of a violation. They must have a valid reason to arrest a person, secure a warrant, or conduct a search. This requirement protects against baseless or arbitrary intrusions by law enforcement.
Probable Cause To Arrest
The police must have enough facts to justify putting you behind bars. However, the police do not require a personal witness to the violation. Sometimes, they can develop probable cause based on circumstantial evidence, physical evidence, and a combination of several facts. They can also do so based on evidence gathered during a legal investigation, a suspect’s statements, or reliable information from other police. Video surveillance and witness statements can also be used. The circumstances are often considered as a whole, rather than each fact, to determine probable cause independently.
Probable Cause And The Fourth Amendment
The foundation for the probable-cause requirement in Texas is the 4th Amendment to the U.S. Constitution. It protects citizens from unlawful arrest, search, seizure, and government intrusions into protected areas. This principle plays a major role because the police have substantial powers. Probable cause is a legal standard used to prevent police from using their powers arbitrarily. This protection is reinforced under the law. According to Article 1.06, police are not allowed to conduct illegal searches and seizures against people. They require probable cause, accompanied by an oath, to conduct a search or to seize a person or property. Probable cause is not just an informal law enforcement standard. It is a constitutional requirement in most situations.
Probable Cause And Reasonable Suspicion
Probable cause is a legal standard which demands a reasonable belief, based on certain facts, that you committed an offense or that proof of the violation is present at a certain place. This is more than normal suspicion and is required to justify an arrest and a search under the 4th Amendment to the U.S. Constitution. This principle is not about absolute certainty. It is about whether the present facts can lead a reasonable individual to believe that you committed the offense. Both differ in certainty and the actions they warrant, even if they are legal requirements.
Reasonable Suspicion
Reasonable suspicion is a lower standard based on specific, observable facts that, in conjunction with reasonable inferences, show that you committed an offense. It is the evidence to justify a short, temporary investigatory stop. It does not require proof of the violation, only suspicion. For example, police can spot you peeking into a vehicle window late at night in a high-crime location. This could be a valid excuse to stop and ask you questions shortly.
The main difference between probable cause and reasonable suspicion depends on the actions each standard justifies. You may face a brief detention and a pat-down based on reasonable suspicion. On the other hand, probable cause permits significant intrusions, including an arrest or full search. The Fourth Amendment safeguards people against illegal searches and seizures. This is the legal standard used to determine if police action was reasonable.
No warrants can be issued without probable cause under the 4th Amendment. Warrants must be supported by affirmation, and the property or person to be searched must be specified. A warrant is a key instrument of a lawful search and must be based on probable cause. The purpose is to protect people against illegal government intrusion. Probable cause is important because the police are not allowed to arrest or search at will. The police must show probable cause, even though they may sometimes act without a warrant when exceptions to the warrant requirement apply.
Probable Cause And Arresting Legally Without A Warrant
The police in Texas can arrest you without a warrant for a felony under the following situations:
- When they have reason to show that you committed a felony, even though the violation was committed out of their presence
- If you committed a felony in their presence
The above situations give the police the authority to take swift action to prevent further injury or the suspect's escape. A police officer has an immediate and undeniable cause to arrest you without a warrant if he/she is a direct witness to a violation being committed. For example, the law enforcement can respond to a report of a disturbance in a public place and witness one person beating another. The police will have probable cause for arresting you immediately because of direct and first-hand knowledge of the felony crime of assault. Firsthand observation is sufficient evidence that a crime was committed and that you committed it.
However, the police are not required to witness the violation to make a lawful arrest warrant. They can use other methods to estimate the probability of a felony arrest. For example, a witness can describe a person who has just robbed another person and identify the still-nearby robber. The police can conclude that the identified robber committed the offense based on this reliable information. A simple anonymous tip-off cannot be admissible in court, but a particular, credible eyewitness testimony can. The facts must be sufficient to support a reasonable police officer's belief that the identified person committed a felony.
Probable Cause And Vehicle Search
A traffic stop is often a temporary detention that is based on reasonable suspicion. The police can stop you if you violate the vehicle code, like a broken taillight or speeding. However, a reasonable suspicion to stop you does not automatically give the police the right to search your vehicle. They must meet a legal threshold, probable cause.
The progression from reasonable suspicion to probable cause often occurs through the legal concept known as the plain view doctrine. This is an exception to the Fourth Amendment's warrant requirement. The plain view doctrine permits law enforcement to conduct a warrantless seizure of evidence, provided the following requirements are met:
- The police are in the right position to see the item
- The item is in the open, and
- The incriminating nature of the item is apparent
The police can conduct a legal traffic stop and notice a bag of heroin on the passenger seat. They have probable cause because the bag is an immediately incriminating item in plain view. The officers have a right to search your vehicle further for additional evidence of your offense. The visual evidence offers the required probability that an offense has been committed and that further evidence of that violation is in your car.
Plain smell doctrine can also be a probable cause source. The legalization of recreational marijuana has made it a challenge, but the smell of burnt marijuana in your vehicle can still act as probable cause to search your vehicle. The smell indicates that you have violated the law against driving while intoxicated or having an open container in your vehicle. A reasonable police officer can suspect an offense is being committed if he/she notices erratic driving behavior or bloodshot eyes. The smell of burning or unsealed marijuana, when taken together with other aspects, can be a probable cause.
The probable cause restricts the scope of the search. The police can search any place in your car where a gun is hidden, provided they have probable cause to search your car for a weapon. They have the right to search any place where drugs could be concealed if there is a reasonable cause to suspect drugs. Some of the places they can search include a trunk and a locked glove box. They can do this without an additional warrant because the Fourth Amendment recognizes that cars are mobile and that evidence can be lost while the police seek a warrant.
When Law Enforcement Operates Without Probable Cause
The exclusionary rule often enforces the Fourth Amendment. This rule is the main repercussion of the police not acting based on probable cause. According to this rule, the prosecutor cannot use evidence gathered through an illegal search and seizure in a criminal trial. The exclusionary rule ensures that the police respect constitutional rights and discourages police misconduct. This rule applies to all evidence gathered through the initial illegal violation. According to this principle, not only is unlawfully gathered evidence inadmissible in court, but any additional evidence derived from it is also inadmissible.
For example, if law enforcement comes to your house and finds a stolen phone, they cannot use it as evidence. Should the phone's serial number lead the police to a warehouse containing other stolen items, those items are also considered inadmissible. A motion to suppress evidence is the practical use of these rules.
Your attorney can use a motion to suppress evidence to request that the judge remove certain evidence at trial. This can happen if the evidence was gathered in a way that violated your Fourth Amendment rights. The evidence will be deemed inadmissible at trial if the judge grants the motion. Your attorney can argue that the police did not have probable cause. This can significantly affect the prosecutor’s case, making the prosecution drop the charges, especially if the suppressed evidence is the primary evidence.
Myths About Probable Cause
Probable cause is often a misunderstood concept in criminal law. This concept plays a major role in determining whether the police can make certain arrests, secure search warrants, or conduct investigations. However, probable cause limits the police's powers and is not the same as proof of guilt. Some of the common misconceptions about probable cause under Texas law include:
Probable Cause Focuses Only On Arrests
Probable cause goes beyond arrests. It can play a major role in arrest warrants, property seizures, judicial review of police actions, criminal investigations, and search warrants. This principle is also vital during searches conducted under particular exceptions and certain warrantless arrests.
Probable Cause Is Only Necessary In Drug Cases
Probable cause can apply in most criminal investigations. It plays an important role in cases involving drug violations, family-violence investigations, theft, fraud, and assault. Additionally, it can be used in traffic-related offenses, weapon crimes, burglary, property crimes, and other violations. This principle is not restricted to a specific category of offenses.
An Unlawful Search Often Means All Evidence Is Removed
Exceptions and restrictions exist under the exclusionary rule. Sometimes, the judge can consider doctrines involving attenuation, independent sources, and standing. The court can also consider the particular underlying constitutional offense, inevitable discovery, and other applicable principles. Establishing whether the evidence can be suppressed requires a proper assessment of the situation rather than assuming automatic exclusion.
A Probable-Cause Challenge Automatically Drops The Criminal Case
If you challenge a search or seizure successfully, certain evidence will be suppressed or excluded based on the applicable law. However, it does not dismiss the entire criminal case, as the prosecutor may have additional evidence. The judge can also consider exceptions to exclusionary rules and other doctrines. The results depend on the facts and the legal basis for the challenge.
Probable Cause Guarantees Filing Of The Case By The Prosecutor
The prosecutor’s decision and probable cause are two different issues. In most situations, law enforcement can be convinced that they have probable cause. On the other hand, prosecutors often make their decisions based on the existing evidence and applicable law. The prosecutor can also file charges against you, even if your attorney contests the legality of your arrest and search. Probable cause does not guarantee that the case will be filed, that the case will be maintained, that you will be convicted, or that your charges will attract a certain sentence.
Probable Cause Is The Same In Different Cases
Probable cause is not standard in every criminal charge. This principle is fact-specific. What is substantial in one case might not be enough in another case. The judge can consider the statements, the totality of the facts, the nature of the underlying violation, and timing. He/she can also consider the location, the reliability of information, corroborating circumstances, physical evidence, and the police observations. A person cannot reliably establish whether probable cause existed by comparing one case to another.
The Evidence Gathered Later Can Create Probable Cause Retroactively
Evidence gathered later cannot erase a lack of probable cause that existed at the time of an earlier arrest or search. The timing of the information plays a major role. The evidence gathered does not determine whether the search was legal. The judge will review what the police knew before the search.
Probable Cause Is Only Determined By What The Police Believes
The police's subjective judgment is insufficient. The judge often reviews the objective facts supporting the police action. When probable cause is contested in court, police reports, witness accounts, recordings, warrant affidavits, and physical evidence can be vital.
Probable Cause Must Exist Before Any Investigation
Police investigations can involve various steps, and different legal standards may apply at different points. Their investigations can start with the following:
- A report from any person
- Requesting help
- Observing a misbehavior
- A traffic violation
- Information from another agency, and
- Other facts
Find A Criminal Defense Attorney Near Me
Probable cause is a crucial principle that protects people from police excesses and is the foundation of justice. It is the most essential benchmark for any pull-over that results in a car search, a warrantless arrest, and the formal process of securing a warrant. If you are facing a criminal charge, a failure of the police to adhere to this standard can be vital to your defense. If you feel that the police violated the probable cause provisions, an attorney can help you file a motion to suppress illegally acquired evidence.
Andrew Deegan Criminal Attorney at Law can help you if you are navigating the complexities of the legal system in Fort Worth, Texas. Call us today at 817-689-7002 to discuss your case and ensure your constitutional rights are protected.
